United States Federal Circuit

In an appeal from the reexamination of a patent describing a "nutraceutical" composition prepared from the mangosteen fruit, rejection of all pending claims for obviousness is affirmed where: 1) the board established a prima facie case of obviousness based on the prior art; 2) appellant presented insufficient evidence to rebut the prima facie case; and 3) appellant waived its argument regarding the constitutionality of the appointment of administrative patent judges by not raising it before the board.

Appellate Information

• Decided 11/03/2008
• Published 11/03/2008

Judges

• LINN, Circuit Judge., Before LINN and DYK, Circuit Judges, and STEARNS, District Judge.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Lawrence M. Jarvis, McAndrews, Held & Malloy, Ltd., of Chicago, IL, argued for appellant.   With him on the brief were Yufeng Ma and Consuelo Garcia Erwin., Thomas V. Shaw, Associate Solicitor, Office of the Solicitor, United States Patent and Trademark Office, of Arlington, VA, and Michel S. Raab, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for the Director of the United States Patent and Trademark Office.   With them on the brief were Sydney O. Johnson, Jr., Acting Solicitor;  Mary L. Kelly, Associate Solicitor;  Gregory G. Katsas, Assistant Attorney General;  and Kelsi Brown Corkran, Attorney.